Interference No. 103,197
oxygen saturation levels or to detect any abnormal oxygen
saturation level, such as a level below 80%, which Dr.
Morrison conceded is essential in a useful oximeter:113
Q. In order for an oximeter to be considered operating
properly, isn't is true that it would be necessary
for it to respond down to a range of at least 80
percent?
A. I don't believe that would be sufficient.
Q. It would have to go lower than 80 percent?
A. Yes, in my opinion.
See also MR 268:8-11, where Dr. Morrison explained that "to
the best of my knowledge, commercially used oximeters do go
below 80 percent. If they didn't, they wouldn't probably be
useful."
Curiously, Buschmann did not make this argument with
respect to Dr. Morrison's September 19, 1989, test, which
Buschmann concedes constituted an actual reduction to
practice. That test, which was recorded on videotape by114
J. Morrison, MR 267:15-21.113
B.Br. 43, ¶ 112.114
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